The employee of company of in actual life often is away on official business, so whether does employee produce traffic accident to you can be maintained during be away on official business be inductrial injury?
The netizen seeks advice:
On business is away on official business, produce traffic accident, how should the responsibility that follows a company differentiate? The policeman maintains me complete duty, the person that hurt 10 class disable, my pay for sb and expect to be repaid later performs an operation in front 30 thousand, want now compensate pays 77 thousand, the boss wants my individual to give 87 thousand company 20 thousand, this reasonable? And insurance company is not sum compensate pay, the price difference among also wants me to be in charge of, this reasonable? The boss is individual, I did not sign work contract.
Xiang Chunlian of office of 100 letters attorney's lawyer solves Guangdong gold bridge:
Determine blame first, if oneself creates a company,do not compensate for.
Making strong narrow pass by insurance company above all liability to pay compensation is assumed inside limits,
Exceed make loss of strong danger share, if retain commercial risk, can be sure to insurance company.
If do not have commercial risk, criterion by assume responsibility by the company, if maintain you to have plot of intended or gross error, so the company has authority to chase after countervail to you after be compensated for to the victim.
Xiang Chunlian's lawyer is analytic:
Traffic accident happens to whether can be maintained to be inductrial injury in road bussiness trip
To unit of choose and employ persons character, the case such as traffic accident or person harm accident produces during employee is away on official business, whether can maintain after all for inductrial injury, this problem ought to distinguish different situation, cannot treat as the same.
Basis " byelaw of inductrial injury insurance " relevant provision, the worker has one of following state, ought to maintain for inductrial injury:
(One) inside working hours and yard place, because of the; that working reason is harmed by the accident
(2) working hours around is inside yard place, the preliminary sex that is engaged in be being concerned with the job or the; that ending sex job is harmed by the accident
(3) inside working hours and yard place, because fulfill the; that working duty is harmed by the accident such as force
(4) the; that contracts occupational disease
(5) during going out because of labour, because harm or working reason is sent the; that gives birth to an accident to miss
(6) in commute in road, be not oneself the traffic accident of main responsibility or the; that accident of ferry of urban orbit traffic, passenger transport, train harms
(7) regulation of law, administrative regulations ought to hold the other state that is inductrial injury.
Close law to set to taking a picture, think normally:
1, employee suffers a company to arrange or classics company agrees to be away on official business to the other place, what during be away on official business, itself belongs to yard place is outspread, namely by the working place of former unit outspread to be away on official business the ground works. The time that employee goes out because of working reason in ground bussiness trip also belongs to working hours.
2, employee is in be away on official business on the vehicle that make a round trip, perhaps see a client in ground bussiness trip, those who go working back and forth on the road, produce traffic accident, accident be givinged birth to by violent assault, hair to miss, ought to belong to inductrial injury. That is to say because employee accepts company arrangement to go out the job is harmed, reason of person of cost of the member that at the same time harm is not or apiration cause, belong to inductrial injury.
3, employee is in be away on official business on the vehicle that make a round trip, perhaps see a client in ground bussiness trip, go working back and forth on the road, sudden disease dies, perhaps be in 48 rescue is invalid in the hour death. This also belongs to inductrial injury.
4, employee pursues the job directly in blame of ground bussiness trip during, because individual reason produces harm: If be harmed during guesthouse rests, be harmed when amuse oneself of proper motion of ground bussiness trip, because private affairs removes conflict happening harm,wait with other. Below this kind of case, employee produces harm because of individual reason, this does not belong to working reason, should not maintain for inductrial injury.
